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1980 Supreme(P&H) 217

M.R.SHARMA, B.S.DHILLON
Pritam Singh – Appellant
Versus
Smt Sibo – Respondent


JudgmentJudgment

M.R.Sharma, J.

1. The respondent, who was a tenant under the petitioner tendered in Court rent for January, 1976, which was not due by that time. She also took up the plea that she had paid the rent upto December, 1975. In an application for ejectment filed by the petitioner on the ground of non-payment of rent, the learned Rent Controller came to the conclusion that the respondent had not paid the rent for December, 1976. He was of the view that the amount tendered for January, 1976, could not be adjusted for the rent payable for the month of December, 1976. On this ground he ordered the ejectment of the respondent. The view taken by the Appellate Authority was that the rent tendered by the tenant for a different period could be adjusted for the period for which it was due. On this basis, the learned Appellate Authority allowed the appeal and set aside the order of ejectment passed against the respondent. The petitioner-landlord has come in revision before this Court. The case was admitted to a D. B. on account of some conflict in judicial decisions. We do not feel it necessary to refer all those decisions because in Sheo Narain v. Sher Singh A.I.R. 1980 Supreme Co




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